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Hi
A quick run down of my situation.
Car loan taken out in Aug 2007 for 48 months.
Agreement VT'd in June 2009 after making all payments - received a letter accepting VT and stating liability, showing that there are no defaults and that the account was in good order.
A few days later received a letter introducing their collection agents who were going to repossess the car as: <quote> 'All notices under Section 87(1) of the CCA have been given and the vehicle belongs to us'.
That was the last I heard about collection of the car but then started to get visits from their guys who left letters which showed that the agreement was still in force. As each month progressed, so did the amount by the original monthly amount - when asked about the collection of the car, i got a variety of responses non which indicated the wanted to collect the vehicle. Also whilst there guy was coming around to issue notices of arrears and collections, no attempt was made to collect the car.
In Nov 2009 I then received a DN. Being naive and burying my head in the sand I ignored this; looking back on it I believe that the notice itself is defective as the amount (total of £3000) is significantly incorrect as WF failed to rebate a PPI policy (~£800) and also have admitted (in writing) that they have added 'unjustified' charges to my account. In total the amount of the DN is £1000 incorrect.
Checking my credit record also it shows that since I VT'd, WF have been marking my CR with 6 months late payments, even though the account in their eyes has been defaulted.
What I need advice on is the following:
Can WF continue to mark my CR with 6 months late payments even though the account is defaulted. The end date of the account would have been Aug 2011. If not then this will be the 1st thing that I shall ask them to fix.
As the only correspondence I had from WF after the VT was to allow them to repossess the car (as they stated in the letter quoting s87(1)) or to continue to make payments on the account - can it be shown that WF have denied me the right to VT the car and force me to continue with the agreement and then have issued a DN to recover all of the monies.
I'm also trying to work out how to resolve the issue around the VT where they issued a s87(1) notice without reason and failed to collect the car.
Thanks and if any further details are required I' gladly share.
Thanks
A quick run down of my situation.
Car loan taken out in Aug 2007 for 48 months.
Agreement VT'd in June 2009 after making all payments - received a letter accepting VT and stating liability, showing that there are no defaults and that the account was in good order.
A few days later received a letter introducing their collection agents who were going to repossess the car as: <quote> 'All notices under Section 87(1) of the CCA have been given and the vehicle belongs to us'.
That was the last I heard about collection of the car but then started to get visits from their guys who left letters which showed that the agreement was still in force. As each month progressed, so did the amount by the original monthly amount - when asked about the collection of the car, i got a variety of responses non which indicated the wanted to collect the vehicle. Also whilst there guy was coming around to issue notices of arrears and collections, no attempt was made to collect the car.
In Nov 2009 I then received a DN. Being naive and burying my head in the sand I ignored this; looking back on it I believe that the notice itself is defective as the amount (total of £3000) is significantly incorrect as WF failed to rebate a PPI policy (~£800) and also have admitted (in writing) that they have added 'unjustified' charges to my account. In total the amount of the DN is £1000 incorrect.
Checking my credit record also it shows that since I VT'd, WF have been marking my CR with 6 months late payments, even though the account in their eyes has been defaulted.
What I need advice on is the following:
Can WF continue to mark my CR with 6 months late payments even though the account is defaulted. The end date of the account would have been Aug 2011. If not then this will be the 1st thing that I shall ask them to fix.
As the only correspondence I had from WF after the VT was to allow them to repossess the car (as they stated in the letter quoting s87(1)) or to continue to make payments on the account - can it be shown that WF have denied me the right to VT the car and force me to continue with the agreement and then have issued a DN to recover all of the monies.
I'm also trying to work out how to resolve the issue around the VT where they issued a s87(1) notice without reason and failed to collect the car.
Thanks and if any further details are required I' gladly share.
Thanks
